No. 25-450
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation
Response Waived
Tags: adverse-employment burden-shifting clear-and-convincing-evidence personnel-action protected-conduct whistleblower-protection
Latest Conference:
2025-11-21
Question Presented (from Petition)
Whether AIR 21's affirmative defense is satisfied where an employer proves protected activity played only a limited role along with non-protected conduct in an adverse personnel action, instead of proving the employee was not treated worse because of the protected conduct.
Question Presented (AI Summary)
Whether AIR 21's affirmative defense is satisfied where an employer proves protected activity played only a limited role along with non-protected conduct in an adverse personnel action
Docket Entries
2025-11-24
Petition DENIED.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-31
Waiver of BNSF Railway Company of right to respond submitted.
2025-10-31
Waiver of right of respondent BNSF Railway Company to respond filed.
2025-10-09
Petition for a writ of certiorari filed. (Response due November 14, 2025)
2025-08-07
Application (25A162) granted by Justice Kagan extending the time to file until October 12, 2025.
2025-08-04
Application (25A162) to extend the time to file a petition for a writ of certiorari from August 13, 2025 to October 12, 2025, submitted to Justice Kagan.
Attorneys
BNSF Railway Company
David Michael Morrell — Jones Day, Respondent
Paul Parker
William Gerard Jungbauer — Yaeger & Jungbauer Barristers, PLC, Petitioner